The purpose of this chapter is to establish zoning regulations on siting and operating of any structure, activity, or use relating to marijuana production, processing, and retailing associated with recreational marijuana licensed facilities in accordance with RCW Title 69, and subject to the requirements of Chapter 314-55 WAC. The intent of this chapter is to adequately separate such uses that may be incompatible with adjacent land uses by establishing criteria to address public health, safety, and zoning impacts from such uses regulated under this chapter. This chapter is in no way intended to allow activities or uses that are not specifically permitted or licensed by the Washington State Liquor Control Board or otherwise regulated and controlled under the jurisdiction and authority of applicable federal regulations.
(Ord. 831 § 1 (part), 2014)
The following definitions apply to this chapter specifically, to include those found in Section 15.04.020. Additional definitions related to marijuana businesses are contained in WAC 314-55-010 and RCW 69.50.101 as amended.
“Marijuana” or “marihuana”
means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than three-tenths percent (0.3%) on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
“Marijuana-infused products”
means products that contain marijuana or marijuana extracts and are intended for human use.
“Marijuana processor”
means a person licensed by the State Liquor Control Board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in a retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.
“Marijuana producer”
means a person licensed by the State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
“Marijuana retailer”
means a person licensed by the State Liquor Control Board to sell useable marijuana and marijuana-infused products.
“Secured greenhouse”
means a building or structure constructed of security glass, glasslike or translucent material similar to security glass, which prevents entry upon breakage and/or damage. Greenhouses used for marijuana production shall be viewed as a light industrial structure under the adopted building code for the city.
“Security lighting”
means lighting intended to reduce the risk of personal attack, discourage intruders, vandals or burglars, and to facilitate active surveillance of an area by the owner and/or city law enforcement officers.
“Security system”
means a professionally installed alarm system with the ability to alert a twenty-four (24) hour off-site monitoring center having the capability to notify local police and/or 911 dispatch center of security breaches. Security system is also defined under WAC 314-55-083(2) and (3) as being an “alarm system” or “surveillance system” and are considered as being included in this definition.
“THC”
is an abbreviation for tetrahydrocannabidinol: the active ingredient in Cannabis, giving it its narcotic psychoactive effects
“Useable marijuana”
means dried marijuana flowers. The term “useable marijuana” does not include marijuana-infused products.
(Ord. 831 § 1 (part), 2014)
The following regulations apply to marijuana related businesses licensed by the Washington State Liquor and Cannabis Board:
A. 
Businesses that are licensed to produce, process, or sell marijuana shall be subject to all applicable standards of this title.
B. 
Measures shall be implemented to prevent adverse health and safety effects to persons lawfully present on nearby properties that might be impacted by odors, noise, noxious gases, light, smoke and security.
C. 
Outside lighting shall be shielded or positioned to prevent glare impacts to nearby properties.
D. 
Security measures set forth in WAC 314-55-083 and this chapter must be metprior to the start of operations.
E. 
All licensed marijuana production, processing, and retail facilities shall have a security system installed prior to the start of operation in accordance with this chapter and WAC 314-55-083, as amended.
F. 
Businesses that are licensed to produce, process, or sell marijuana shall not be located within one thousand (1,000) feet of the perimeter of the grounds of any of the following entities. The distance shall be measured along the most direct route over or across established public walks, streets, or other public passageway between the proposed building/business locations to the perimeter of the grounds of the entities listed below as defined in WAC 314-55-010.
1. 
Elementary or secondary school;
2. 
Playground;
3. 
Recreation center or facility;
4. 
Child care center, including a child care center located in churches;
5. 
Public park;
6. 
Public transit center;
7. 
Library;
8. 
Game arcade;
9. 
Any parcel containing a marijuana retail business.
G. 
Businesses that are licensed to produce, process, or sell marijuana are prohibited from locating in zones not identified below for each specific use.
H. 
Outdoor Advertising.
1. 
One (1) sign, not exceeding one thousand six hundred (1,600) square inches (eleven point one (11.1) square feet), that is visible to the general public from a public right-of-way shall be permitted for advertising purposes. Advertising signs shall be subject to the standards of the Washington State Liquor and Cannabis Board and standards/processes under Chapter 15.45, whichever is more restrictive.
2. 
“Minors restricted” signs shall be posted at all marijuana licensed premises.
3. 
Off-premises signage is prohibited.
I. 
Federal Regulations. State licensed marijuana producers, processors, and retailers are subject to applicable federal regulations in addition to the regulations of this chapter and those imposed by the Washington State Liquor and Cannabis Board. Issuance of a zoning permit by the city of Ilwaco under this chapter to operate a state licensed marijuana producer, processor and retailer within city jurisdiction does not constitute an exemption from federal laws nor does it authorize the use of a federally controlled substance regulated under the Controlled Substances Act by the city.
J. 
Marijuana Licensed Retailer. State licensed marijuana retailers may locate within the city of Ilwaco pursuant to the following restrictions:
1. 
Marijuana licensed retail establishments may be permitted with a conditional use permit in the following zoning districts: core commercial district (C-1) zone and low density commercial district (C-2) zone.
2. 
Marijuana retailer licensee may sell useable marijuana, marijuana-infused products, and marijuana paraphernalia between the hours of eight a.m. and eleven p.m.
3. 
A marijuana licensed retailer shall not locate in a building in which a nonconforming retail use has been established in any zone other than those referenced in subsection J1 of this section.
4. 
A marijuana licensed retailer shall not be located within two hundred (200) feet of the perimeter of the grounds of any lot in a residential zone.
5. 
Marijuana licensed retailer shall be subject to the following:
a. 
Outside security lighting shall be installed which fully illuminates building access points such as doors and windows. Security lighting is not to be directed onto public roads or adjacent properties.
b. 
Storage of useable marijuana and/or products outside of the primary retail building is prohibited.
c. 
Businesses must front state highways or main streets.
d. 
Parking areas shall be well lit and contain no benches, tables, or chairs placed on site by the licensee.
e. 
Marijuana retail stores shall not occupy a residential structure that has been converted into a commercial use where the structure still appears to be a residential home.
K. 
Marijuana Licensed Processors. State licensed marijuana processors may locate within the city of Ilwaco pursuant to the following restrictions:
1. 
A marijuana licensed processor may be permitted with a conditional use permit in the following zoning districts: low density commercial district (C-2) zone and light industrial district (M-1) zone.
2. 
A marijuana licensed processor shall not locate on a site or in a building in which a nonconforming processing use has been established in any zone other than those referenced in subsection K1 of this section.
3. 
A marijuana licensed processor shall not be located within two hundred (200) feet of the perimeter of the grounds of any lot in a residential (R) zone.
4. 
Marijuana licensed processor shall be subject to the following:
a. 
Outside security lighting shall be installed which fully illuminates building access points such as doors and windows. Security lighting is not to be directed onto public roads or adjacent properties.
b. 
Storage of useable marijuana and/or products outside of a fully enclosed and secured building is prohibited, except as allowed within an outside storage area during hours of operation.
c. 
Outside storage areas associated with the processing of marijuana shall be positioned to the back half of the property and be fully enclosed by an eight (8) foot chain-link fence to include privacy screening. The top of the fence shall have three (3) spans of barbed wire strung and spaced equally apart over twelve (12) vertical inches and angled at forty-five (45) degrees away from the center (excluding corner posts) on both sides. One (1) spiral wound and clipped at the spiral overlaps shall be placed horizontally along the top of the fence between the two (2) forty-five (45) degree angled barbed wire strands. An equivalent alternative may be substituted for chain-link fence with approval of the city planner and chief of police or their designees. Outside storage areas shall be fully illuminated at night during hours of operation when used for temporary storage of marijuana and marijuana products.
d. 
Marijuana processors shall not occupy a residential structure that has been converted into a commercial use where the structure still appears to be a residential home.
L. 
Marijuana Licensed Producers. State licensed marijuana producers may locate within the city of Ilwaco pursuant to the following restrictions:
1. 
Marijuana licensed producers may be permitted with a conditional use permit in the following zoning districts: low density commercial district (C-2) zone and light industrial district (M-1) zone.
2. 
Marijuana licensed producers shall not locate on a site or in a building in which a nonconforming production use has been established in any location or zone other than those referenced in subsection L1 of this section.
3. 
A marijuana licensed producer shall not be located within two hundred (200) feet of the perimeter of the grounds of any lot in a residential zone.
4. 
Marijuana licensed producers shall be subject to the following:
a. 
Outside security lighting shall be installed which fully illuminates building access points such as doors and windows. Security lighting is not to be directed onto public roads or adjacent properties.
b. 
Storage of useable marijuana and/or products outside of a fully enclosed and secured building is prohibited, except as allowed within an outside storage area during hours of operation.
c. 
Outside storage areas associated with the production of marijuana shall be positioned to the back half of the property and be fully enclosed by an eight (8) foot chain-link fence to include privacy screening. The top of the fence shall have three (3) spans of barbed wire strung and spaced equally apart over twelve (12) vertical inches and angled at forty-five (45) degrees away from the center (excluding corner posts) on both sides. One (1) spiral wound and clipped at the spiral overlaps shall be placed horizontally along the top of the fence between the two (2) forty-five (45) degree angled barbed wire strands. An equivalent alternative may be substituted for chain-link fence, with approval of the city planner and chief of police or their designees. Outside storage areas shall be fully illuminated at night during hours of operation.
d. 
Growing of marijuana shall take place within a fully enclosed secure indoor facility or fully “secured greenhouse.” Growing of marijuana outside of a secured indoor facility is prohibited within city limits.
e. 
Marijuana licensed indoor production facilities shall be limited to ten thousand (10,000) square feet of production space.
f. 
Marijuana licensed producers shall not occupy a residential structure that has been converted into a commercial use where the structure still appears to be a residential home.
M. 
Nuisance Abatement. In addition to any other available enforcement action, remedy or penalty under this title, any violation of this chapter is declared to be a public nuisance and subject to Title 8 (Health and Safety).
(Ord. 831 § 1 (part), 2014; Ord. 880 § 1, 2018; Ord. 934 § 1, 2022)
In additional to all approvals necessary under this title, all marijuana uses shall have site security measures reviewed and approved by the chief of police or designee prior to start of operations. Upon approval by the chief of police or designee, the city planner will issue a certificate of approval for the required security measures. The certificate shall be displayed within the marijuana facility and be readily available for inspection. Security measures shall be inspected annually by the chief of police or designee and a new certificate of approval issued. Security measures to be observed and inspected at time of initial operation and during annual inspections are as follows:
A. 
Security equipment is operating correctly.
B. 
Security locks are on doors and other entrances that allow access into the facility, including all windows.
C. 
The alarm system is under an active contract for monitoring with an off-site alarm company.
D. 
Security lighting is operational.
E. 
Security fencing is intact.
The chief of police shall have the authority to require additional security measures if deemed reasonable to protect the safety and welfare of the city and its citizens. Additional security measures that may be deemed reasonable include, but are not limited to, the following: (1) Additional lighting; (2) security locks, security doors, and security windows.
(Ord. 831 § 1 (part), 2014)
If any section, sentence, clause or phrase of this chapter is deemed invalid or unconstitutional by a court of law, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of any section, sentence, clause or phrase contained within this chapter and its application to any person or circumstance.
(Ord. 831 § 1 (part), 2014)